농수산물의원산지표시에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable because the penalty (1.5 million won) of the original judgment is too unreasonable.
2. In full view of the fact that there is no past record of criminal punishment against the defendant, the fact that the defendant's economic situation seems to be difficult, the criminal situation seems to be relatively minor, and all other matters concerning the sentencing specified in the defendant's occupation, age, and the records and arguments in this case, the punishment of the court below is somewhat inappropriate and thus the defendant's assertion is reasonable.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 15 and Article 6 (2) of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for criminal facts and punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;